Racist acts targeting Black cabinet-level officials in Italy and France have put a spotlight on the experiences of the 7-10 million people of African Descent in Europe / Black Europeans. A visible minority in Europe often unacknowledged despite a centuries’ long presence in Europe, Black Europeans have increasingly become the targets of discrimination, pernicious racial profiling, and violent hate crimes impacting equal access to housing, employment, education, and justice.

Europe today grapples with the complex intersection of national identity, decreasing birth rates, increasing immigration, security concerns, and a rise in extremist political parties and vigilantism. In this context, the experiences of Black Europeans increasingly serve as a measure of the strength of European democracies and commitments to human rights. The briefing discussed the work of Black European rights organizations and the efforts of the international community to address issues of inequality, discrimination, and inclusion for Black Europeans, in addition to discussing similarities and work with African-American civil rights organizations.

Profile: Dr. Petra Gelbart

Tuesday, September 19, 2017

From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM). The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. In particular, OSCE agreements address issues relating to the human rights of Roma, Holocaust remembrance, and preserving sensitive sites of remembrance.
During the Nazi occupation of the Czech lands, an internment camp in the Czech village of Lety became a concentration camp for Roma. Around 1,300 people were imprisoned there, including many children. Some died in Lety as a result of the horrible conditions in the camp. Many more were deported and perished at Auschwitz. An estimated three hundred survived. In some ways, Lety is as emblematic of the experiences of Roma both during the and after the Holocaust.
During the communist period, a pig farm was established on the site of the former concentration camp. After the fall of communism, the existence of the pork processing facility became an enduring controversy, generating progressively more frequent protests. In recent years, Czech officials moved closer to a decision to remove the pig farm. In August, the Czech government announced agreement had been reached with the owners of the site on a purchase price, paving the way for the farm’s removal.
The United States subsequently welcomed the progress made by the Czech Republic. Helsinki Commission Chairman Senator Roger Wicker observed, “[t]his achievement is the culmination of decades of work on the part of survivors, human rights groups, members of the Helsinki Commission, and others. It paves the way for a dignified and appropriate memorial for the thousands of men, women, and children who suffered and died there.”
At the opening of this year’s OSCE’s Human Dimension Implementation Meeting, the Czech Republic – the only European Union country to speak at the opening in its national capacity, in addition to supporting a joint EU statement – drew attention to this breakthrough:
“Against the backdrop of the deteriorating situation of human rights and fundamental freedoms in the OSCE, heightened attacks leveled at civil society, media and persons belonging to minorities, it remains crucial to continue promoting and protection fundamental OSCE commitments and principles. In this context, we would like to highlight the recent positive developments in the implementation of the Czech Republic’s Roma Integration Strategy 2015-2020. I have in mind the issue of the former Gypsy Concentration Camp in Lety u Pisku.”
In light of these developments, the Helsinki Commission had a conversation with Dr. Petra Gelbart. Dr. Gelbart is a Romani ethnomusicologist who uses music and academic research to advocate for the remembrance of Romani victims of the Holocaust.[iv] She frequently speaks to a wide range of audiences about Romani music, culture, and their persecution during the Holocaust. She has also served as a Public Member on a U.S. delegation to an OSCE Human Dimension Implementation Meeting.
Born in Czechoslovakia and the granddaughter of Holocaust survivors, Dr. Gelbart was introduced to Romani language, music, and culture at a young age. Her personal background drove her passion to study Romani culture further and to become an educator in Romani music, history, and other socio-political issues.
“My family’s experience during the Holocaust was the primary motivator in my decision to become involved in commemoration efforts,” Dr. Gelbart says. “Increasingly, I am also coming to terms with how much this background has shaped my personal identity and psychological makeup, so continuing the work is important for my mental wellbeing.”
She first studied musicology at UC Berkeley. Shortly after finishing her degree, she went on to pursue her postgraduate studies and earned a Ph.D. in ethnomusicology from Harvard University.
Dr. Gelbart co-founded the Initiative for Romani music at New York University and is currently the music curator for RomArchive. She has also taught ethnomusicology, music psychology, as well as Romani music and language at the university level. Her research has focused on interethnic communication, the Holocaust, music psychology, and institutional ethnography.
“I try to take what people think they know about so-called ‘Gypsies,’ and replace it with something that's much more based in reality,” she explains.
Dr. Gelbart passionately advocates for the use of music to not only educate about Romani culture, but also to reflect upon the difficult aspects of this community’s history.
“Oral traditions and personal memoirs have kept the memory of the Holocaust alive among Roma and Sinti even in the absence of sympathetic institutions,” she observes. “The song Chajori Romani, for example, is considered an anthem of both Czech and Slovak Roma. It has a generic, happy text about a Romani girl, but also an alternate text that recounts the conditions of a concentration camp. Thus, even though the Holocaust-related text is sung less frequently, it looms in the background of this popular memory, which has come to be known as ‘the Romani lament’ regardless of which lyrics are being sung.”
“When people pay close attention to Romani music, they can learn not only things they may not have expected to find out about Roma and Sinti, but also about themselves,” Dr. Gelbart notes. “For example, many people associate Manouche (French Romani) people with Gypsy Jazz, and Gypsy Jazz with emotive passion. On objective analysis, however, it turns out that strong sentiments tend to be projected onto Gypsy Jazz and its performers, based on stereotypes of ‘Gypsies,’ rather than being inherent in the music itself. Also, some of the composers and performers who may be perceived as wild musicians have in fact produced decidedly tame, deeply reflective musical pieces, including a few with Holocaust-related themes.”
She continues, “Students and lecture audiences are surprised by the existence of Romani Holocaust songs, and as a consequence some of them ask why they were previously never exposed to the voices of Roma and Sinti in Holocaust education. At that point, it is useful to point out that just as Roma and Sinti expressed their grief and ongoing fears for their safety in songs during and after World War II, some of them also wrote memoirs or formed organized commemoration narratives. The image of Romanies as unschooled or illiterate is persistent, and yet Holocaust-related education shows Romani traditions in a rather different light.”
Dr. Gelbart works to educate her students and colleagues about the discrimination Romani face in Europe and to correct the offensive misconceptions many hold about them. One challenge she faces in educating people about the Romani experience during the Holocaust is undoing the erasure of Romani victimhood from historical narratives. Throughout much of Europe, the Romani were formerly not a legally recognized ethnic group and thus were excluded from regional Holocaust memory and discouraged from speaking out about their experiences.
“It is absolutely true that the continued, state-sponsored shaming of Romani cultures made surviving Romani families very unlikely to speak out about their wartime experiences,” Dr. Gelbart explains.
“There is an enduring misconception that Romani Holocaust remembrance is typically private,” she continues. “In reality, Romani attempts to give public testimony about genocide have largely paralleled post-war developments in Jewish families, albeit at a slower pace.”
In August, the Czech government agreed to remove the pig farm from the Lety concentration camp site. Dr. Gelbart believes that this decision is symbolic of the gradual inclusion of Romani Holocaust experiences in mainstream discourse.
“The pig farm at Lety, along with the recreational complex on the site of the Hodonin camp (where my great-great-grandmother was murdered by a Czech guard), are symbolic of not only the imperative to include Roma and Sinti fully in mainstream discourse on the Holocaust, but also the need to examine why the Romani Holocaust tends to be relegated to footnotes,” she says.
Though she sees improvement in the perspectives and treatment of Romani communities and history, Dr. Gelbart argues that the Romani experience during the Holocaust is understudied and that this trend reflects itself in lasting discrimination towards the community.
“In my opinion, the most important part of remembrance is making connections to present-day perils,” she explains. “We can honor the work of the Roma and allies who have fought for the dignity of the Lety victims, but we must not stop publicly pointing out the larger context of this struggle.”
Dr. Gelbart is committed to expanding the study and inclusion of Romani history and culture in the public sphere. She urges governments to take greater care in promoting Romani rights and society to learn more about the Romani, while elevating their memory above mere victimhood.
“Every book, every college course, every school curriculum and every ceremony commemorating the Holocaust should strive to make its audience aware of the difference between how Romanies are assumed to be and how they actually live their lives. It can be as simple as saying that ‘Roma and Sinti are a highly diverse ethnic group, with many communities striving for social integration. The same ideologies that labeled Romanies as subhuman in times of genocide are hindering their education, employment, and even physical safety in the twenty-first century.’ If nothing else, we need to show Romani students in both Europe and the Americas that their existence and their heritage are worth as much as any other group’s,” she says.
Dr. Gelbart’s activism within the Romani community extends beyond the classroom. She works with Czech families who foster or adopt Romani children. She is also interested in the role music plays in therapy, specifically in rehabilitative and developmental therapy. She is based in New York.

On September 13, Helsinki Commission Chief of Staff Ambassador David T. Killion met with the new Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), Ingibjörg Gísladóttir, during the 2017 OSCE Human Dimension Implementation Meeting (HDIM) in Warsaw, Poland.
Ambassador Killion stressed the Commission’s commitment to the autonomy and work of ODIHR, and highlighted several Commission priorities including fighting anti-Semitism and racism; combating trafficking in persons; promoting religious freedom; and strengthening democratic institutions. He also noted the Commission’s support for the work of the ODIHR Contact Point on Roma and Sinti Issues.
Ambassador Killion urged Director Gísladóttir to continue ODIHR’s positive collaboration with the OSCE Parliamentary Assembly, noting strong Commission support for OSCE election observation. Turning to the HDIM, he emphasized the importance of the continued open participation of civil society in the event, which is a singular feature of the annual meeting. He said the Commission will continue to fulfill its mandate to monitor the participating States’ compliance with their OSCE commitments, with particular regard to those relating to human rights.

article

The 2017 Human Dimension Implementation Meeting: An Overview

Friday, August 18, 2017

Each year,1 the OSCE Office for Democratic Institutions and Human Rights (ODIHR) organizes the Human Dimension Implementation Meeting (HDIM) in Warsaw, Poland. As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress. The 2017 HDIM will be held from September 11 to September 22.
Human Dimension Implementation Meeting 2017
The HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma.
Each year, three special topics are selected for a full-day review. 2017 special topics will be 1) ensuring “equal enjoyment of rates and participation in political and public life,” 2) “tolerance and nondiscrimination,” and 3) “economic, social and cultural rights as an answer to rising inequalities.”
This year’s meeting will take place at the Warsaw National Stadium (PGE Narodowy), the site of the NATO summit earlier this year. The meeting will be webcast live.
Background on the Human Dimension Implementation Meeting
When the Helsinki Final Act was signed in Finland in 1975, it enshrined among its ten Principles Guiding Relations between Participating States (the Decalogue) a commitment to "respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion" (Principle VII). In addition, the Final Act included a section on cooperation regarding humanitarian concerns, including transnational human contacts, information, culture and education.
The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as trafficking in human beings and refugees), and concerns relating to tolerance and nondiscrimination (e.g., countering anti-Semitism and racism).
One of the innovations of the Helsinki Final Act was agreement to review the implementation of agreed commitments while considering the negotiation of new ones. Between 1975 and 1992, implementation review took place in the context of periodic “Follow-up Meetings” as well as smaller specialized meetings focused on specific subjects.
The OSCE participating States established permanent institutions in the early 1990s. In 1992, they agreed to hold periodic Human Dimension Implementation Meetings” to foster compliance with agreed-upon principles on democracy and human rights. Additional changes to the modalities for the HDIM were agreed in 1998, 2001, and 2002, which included shortening the meeting from three weeks to two weeks, and adding three “Supplementary Human Dimension Meetings” annually on subjects selected by the Chairmanship-in-Office on particularly timely or time-sensitive issues.
One of the most notable features of the HDIM is the strong participation of non-governmental organizations. The United States has been a strong advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives.
OSCE modalities allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail.
1 In exceptional years when the OSCE participating States hold a summit of heads of state or government, the annual review of human dimension commitments is included as part of the Review Conference which precedes the summit, and also includes a review of the political-military and economic/environmental dimensions.

By Paul Massaro, Policy Advisor,
and Andras Olah, Intern
In 2007, the Helsinki Commission held a hearing titled “Pipeline Politics: Achieving Energy Security in the OSCE Region,” which focused on energy security in Post-Soviet Eastern Europe. The hearing took place in the wake of the first major Ukrainian-Russian gas dispute in 2006 that demonstrated not only the Kremlin’s willingness to use its energy resources as a weapon to meddle in its immediate neighbors’ domestic affairs, but also the extreme dependency of much of Europe on Russia’s energy supplies. At the time, experts and policymakers focused primarily on the enhancement of security of supply through the construction of new energy infrastructure, including pipelines, which would allow the diversification of energy imports of countries in the OSCE region.
Ten years later, the energy landscape of the world fundamentally has changed. As Peter Doran, the Executive Vice President of the Center for European Policy Analysis (CEPA), stressed at a July 2017 Helsinki Commission briefing titled “Energy (In)security in Russia’s Periphery,” new energy infrastructure been built and the regulatory environment of the EU’s energy sector has significantly improved. At the same time, the shale gas revolution in the United States and the simultaneous development of a global liquid natural gas (LNG) market offers European gas consumers more alternative options to Russian gas imports than ever before.
Most countries in Central and Eastern Europe have improved their energy security by the implementation of crucial reforms in their energy sectors. For example, in Ukraine, where for a long time “energy oligarchs” profiting from dodgy gas deals with Gazprom torpedoed any meaningful reform initiatives, a recent landmark decision has eliminated energy subsidies that have been a lucrative source of corruption for decades.
However, Moscow has resisted surrendering its monopolistic market position and is fighting back through politically motivated energy projects designed to exploit the fault lines between European countries’ differing energy policies. The most important Kremlin-sponsored projects to date have been the planned Nord Stream 2 and TurkStream pipelines, which will carry gas to EU countries by circumventing Russia’s immediate post-Soviet neighbors.
According to Doran, the Kremlin aims to end the role that neighbors like Ukraine, and to a lesser extent Moldova, currently play in the transit of gas to the EU through the Brotherhood and the Trans-Balkan pipelines. The success of Nord Stream 2 potentially could result in the loss of billions of dollars in transit revenues for Ukraine and Moldova, as well as diminishing their geopolitical importance for Europe, while subsequently enabling Russia to reassert its old influence over them by exploiting their diminished energy security.
As a result of massive infrastructure projects promoted by the EU to develop reverse flow capacities on existing pipelines and create new interconnections, Ukraine is now capable of purchasing gas from a Western direction and, for the first time, since November 2015 has ceased buying gas contractually from Russia altogether. New pipeline infrastructure projects, namely the planned expansion of the Iaşi-Ungheni pipeline, as Lyndon Allin, Associate at Baker Mackenzie, pointed out at the same briefing, might enable Moldova in the medium-run as well to reduce its dependence on Russian gas that currently constitutes almost a 100% of its total gas consumption.
Nevertheless, the effectiveness and profitability of these regional gas transit systems could be severely endangered once the transit of gas is diverted to other pipelines, potentially hampering the prospects of further gas infrastructure modernization, which is necessary for both countries to ensure their energy security. Moreover, as both ‘Stream projects’ would circumvent the region, Russian gas could become the only one that can be bought from the east as well as the west direction, strengthening Gazprom’s monopolistic market position in the region.
While political leaders on both sides of the Atlantic have been pushing recently for the introduction of U.S. LNG to the region to serve as a new ‘external solution’ to the above mentioned challenges, as Edward Chow, Senior Fellow at the Center for Strategic and International Studies (CSIS), noted at the briefing, the main challenge for post-Soviet Eastern European countries remains an internal one. While the level of energy infrastructure might already be close to sufficient, the biggest problem for post-Soviet countries remains the underdeveloped nature of their energy sectors that lack harmonized and stable regulations, consistently-applied property rights, and transparency.
Additionally, as Dr. Mamuka Tsereteli, Senior Fellow of the Central Asia – Caucasus Institute pointed out, energy security could not be achieved without high-levels of cross-border market integration, even if physical infrastructures are in place. The underdeveloped nature of post-Soviet Eastern European countries’ energy sectors has been having a severe impact on the energy security of those states, in particular of Ukraine, which could be easily self-sufficient—even without the import of U.S. LNG—in natural gas if private investment was not being discouraged by the opaque, uncompetitive, and corrupt nature of its energy sector.
Once the right regulatory environment is established, Ukraine, for instance, could possess an immense gas transmission and storage infrastructure that, if properly upgraded, as well as connected to the energy networks of Central European countries, could lead to the establishment of a highly liquid East Central European gas trading hub with a spot-based gas trade. This could create increased energy security in the entire region by improving both the level of competition and the diversification of supplies.
While the West could offer the countries of post-Soviet Eastern Europe, Ukraine and Moldova in particular, alternative energy sources (e.g. U.S. LNG), these should and could not serve as a substitute for structural reforms and capacity-building, which are ultimately necessary to achieve true energy security in the region.

article

Journalists Persecuted 2017: Illustrative Cases

Wednesday, August 02, 2017

By Jordan Warlick, Staff Associate
Natasha Blaskovich, Intern
Katya Kazmin, Intern
With a section on the “improvement of working conditions for journalists”, the Helsinki Final Act explicitly recognizes the importance of journalists for democratic and open societies. Despite the signing of the agreement in 1975, the situation for journalists is still very grim in several countries in the region. The U.S. Helsinki Commission continues to monitor these conditions closely and remains concerned with: (a) murder, violence, and other egregious acts that harm the safety of journalists; (b) imprisonment of journalists for their work; (c) other restrictions that impede the work of journalists and a free press.
The journalists featured below are representative of those persecuted so far this year.
Afqan Muxtarli (Azerbaijan) – Muxtarli and his family fled to neighboring Georgia in 2015 after Muxtarli received threats related to corruption investigations into Azerbaijani President Ilham Aliyev and other officials. Following Muxtarli’s disappearance on May 29, 2017, Muxtarli’s lawyer told Radio Free Europe that the journalist was abducted in Tbilisi and handed over to Azerbaijani officers at the border. Muxtarli believes that these officers planted €10,000 on him and then promptly arrested him, in order to incriminate him for illegally crossing the border with a large sum of money and no passport. Amnesty International and other international human rights organizations have criticized the Azerbaijani government for its oppression of journalists and suppression of free speech. Georgia’s Interior Minister has stated that Georgia has launched an investigation into this allegedly unlawful imprisonment.
Mehman Huseynov (Azerbaijan) – Huseynov, a well-known journalist and blogger in Azerbaijan, was sentenced to two years in prison on March 3, 2017 on defamation charges. Huseynov had been under a travel ban since 2012, and was reportedly harassed and intimidated by the police for years. In early January 2017, Huseynov was arrested in Baku, taken to the Nasimi police station where he was held incommunicado, and repeatedly beaten and abused. Although he filed a formal complaint with the prosecutor’s office and made his abuse public, Huseynov’s allegations were declared groundless and not investigated. Huseynov was accused of defamation by the Nasimi police chief, and was found guilty in May 2017.
Halina Abakunchyk (Belarus) – Abakunchyk is a correspondent for Radio Free Europe/Radio Liberty (RFE/RL), a U.S.-government-funded service. She was detained overnight on March 12, 2017, accused of “participating in an unsanctioned rally,” and then fined approximately $300 for covering large nationwide protests in March over a tax on the unemployed. Abakunchyk was one of 32 journalists arrested and/or fined for similar offenses while covering the protests.
Zhanbolat Mamay (Kazakhstan) – Mamay is the editor of the Tribuna newspaper, one of the few independent papers in Kazakhstan to have survived a recent trend of pressure and harassment from the government. Arrested on February 10, 2017, Mamay stands accused of being an accomplice to money-laundering, along with opposition leader and former head of BTA Bank, Mukhtar Ablyazov, in 2009. Before his arrest, Mamay told RFE/RL that he felt he was being followed. Since his arrest, Mamay has complained of being beaten and extorted while in prison. There are concerns for the safety of Mamay and his family as well as the provision of a fair trial. The Committee to Protect Journalists and other organizations have called for his release.
Nikolai Andrushchenko (Russia) – Andrushchenko was a Russian journalist known for reporting on issues provocative to the Russian regime, including corruption. When Andrushchenko was attacked by assailants in St. Petersburg on March 9, 2017, he was in the midst of investigating reports of corruption and human rights abuses, allegations including the involvement of local police. He was found unconscious several hours later and taken to a hospital where brain surgery was performed, leaving him in a coma. He died on April 19, 2017. Prior to the March 9 attack, Andrushchenko had been attacked at least two times in the last decade. In November 2016, assailants attacked him on his doorstep. He was also attacked in November 2007, weeks before he was jailed for two months on false charges of defamation and obstruction of justice. The police have not informed the newspaper which Andrushchenko co-founded, Novy Peterburg (New Petersburg), of any progress in the investigation.
Dmitry Popkov (Russia) – Popkov, the chief editor of local independent newspaper Ton-M in Siberia, was found shot dead in his backyard in Minusinsk on May 24, 2017. Popkov was known for investigating alleged abuses of power and corruption. Ton-M’s motto, “We write what other people stay silent about,” made the newspaper – and Popkov himself – long-time targets. Shortly before his murder, Popkov had published reports regarding a federal parliamentary audit that revealed corruption in the local administration. An investigation has been launched by the regional branch of Russia’s Investigative Committee and Popkov’s journalism is being treated as a potential motive for the murder.
Nur Ener (Turkey) – Ener, a journalist for the daily Yeni Asya, was detained by police after they raided her apartment in the middle of the night on March 3, 2017. Accused of being affiliated with the Fethullah Gülen network, Ener’s formal charges are unknown to her lawyer and she is allowed only 45 minutes of family visits a week and one hour with her lawyer. A former roommate of Ener, who was arrested after the July 2016 coup attempt, is said to have given Ener’s name to the police in the aftermath of the coup. Some of Ener’s critical reporting, including an interview where the guest criticized certain government policies, may have also been a reason for her arrest. According to the Committee to Project Journalists, Ener is one of over 80 journalists imprisoned in Turkey – the largest jailer of journalists in the world.
Oguz Guven (Turkey) ­­– Guven is the website editor-in-chief of Cumhuriyet daily. He was detained on May 12, 2017 for spreading terrorist propaganda, a popular charge against journalists in Turkey. The arrest allegedly was prompted by the newspaper’s tweet about the death of Mustafa Alper, a senior Turkish prosecutor involved in prosecuting suspects in the July 2016 coup attempt. Cumhuriyet has come under extreme pressure from the Turkish government, with 17 journalists and board members standing trial on July 24. Guven and his colleagues could face prison sentences as long as 43 years.
Stanyslav Aseyev (Ukraine) – Aseyev, a freelance journalist who contributed to Radio Free Europe/Radio Liberty under the name Stanyslav Vasin, has been missing from Donetsk since June 3, 2017. On July 16, Yehor Firsov, a former Ukrainian lawmaker and close friend of Aseyev, said he received information through unofficial sources that the journalist was detained by pro-Russian separatists. Aseyev allegedly faces charges of espionage by the self-proclaimed Donetsk People’s Republic (DNR), who have threatened him with up to 14 years’ imprisonment.
Other journalists highlighted in Political Prisoners in Russia:
Mykola Semena (Ukraine) – Semena, a Crimean journalist, has been charged under Article 280.1 of Russia’s criminal code, which penalizes "public calls for actions violating the territorial integrity of the Russian Federation." The law was added to the Russian criminal code in December 2013, and came into force in May 2014 - several weeks after Crimea was annexed by Russia. Semena was one of the only independent journalists to remain on the peninsula following Russia’s March 2014 annexation of Crimea. He contributed reporting to RFE/RL’s Ukrainian Service and its Crimea Desk. On April 19, 2016, after Russian police searched Semena’s home and confiscated computers and storage media, the de facto Crimean prosecutor-general ordered Semena to remain on the peninsula while he was investigated for alleged “calls to undermine Russia’s territorial integrity via the mass media.” Semena has been forced to stay in Crimea ever since, despite his requests to travel to Kyiv for urgently needed medical care.
Semena’s trial has been adjourned and delayed several times this year. If he is found guilty, he could face five years in prison.
Roman Sushchenko (Ukraine) – Sushchenko, a Ukrainian journalist, is charged under article 276 of Russia’s criminal code (espionage). He has worked as a Paris-based correspondent for Ukraine’s state news agency, Ukrinform, since 2010. He was detained at a Moscow airport on September 30, 2016, upon his arrival from Paris on private business. He was accused of collecting classified information on the activities of Russia’s armed forces and the National Guard. Mr. Sushchenko denies any involvement in espionage. His employer, Ukrinform, also considers the accusations false and called his detention a “planned provocation.” Mr. Sushchenko’s attorney is Mark Feygin, who previously represented Pussy Riot and Nadezhda Savchenko.
Sushchenko’s pre-trial detention has been extended several times by the Lefortovsky District Court of Moscow since his arrest, and is currently set until September 30, 2017.
Photos Cited:
Afqan Muxtarli: Facebook
Mehman Huseynov: Facebook
Halina Abakunchyk: RFE/RL
Zhanbolat Mamay: RFE/RL
Nikolai Andrushchenko: RFE/RL
Dmitry Popkov: TON-M
Nur Ener: Platform for Independent Journalism (P24)
Oguz Guven: Twitter
Stanyslav Aseyev: RFE/RL

briefing

Democracy in Central & Eastern Europe

Wednesday, July 26, 2017

On July 26, 2017, the U.S. Helsinki Commission held a briefing on “Democracy in Central and Eastern Europe: Renewing the Promise of Democratic Transitions.” This briefing followed a series of roundtable discussions and other events earlier in the year relating to this region, demonstrating the Helsinki Commission’s interest in Central and Eastern Europe.
Erika Schlager, Counsel for International Law for the U.S. Helsinki Commission, welcomed panelists Andrew Wilson, the Managing Director of the Center for International Private Enterprise (CIPE); Peter Goliaš, Director of the Institute for Economic and Social Reforms in Slovakia; András Lőke, Chair of Transparency International in Hungary; and Marek Tatała, Vice-President of the Civil Development Forum in Poland. Jan Surotchak, Regional Director for Europe at the International Republican Institute (IRI), and Jonathan Katz, Senior Resident Fellow at the German Marshall Fund of the United States (GMF) added Washington policy perspectives. The discussion was moderated by Martina Hrvolova, Central Europe and the Balkans Program Officer at CIPE.
The panelists provided a background on democracy in the regional context, as well as on the specific case studies of Slovakia, Hungary and Poland.
Andrew Wilson observed that new democracies of Central and Eastern Europe face serious stresses that raise questions about the resilience of their democratic transitions and threaten to undo the remarkable progress the countries made during the last three decades. He argued that the problems in the region do not stem from the failure of democracy, but rather a failure to more actively pursue its consolidation.
Peter Goliaš offered a brief overview of the current state of democracy in Slovakia. He described the findings of a recent public opinion poll that paint a very bleak picture of how Slovakians see the current state of democracy in their country. He argued that a main reason for people’s dissatisfaction with democracy has been the perception that politicians do not work in the public’s interest, but in the interest of the oligarchs. He projected that current political trends will lead to the continued slow deterioration of Slovak democracy. To stop this deterioration, Goliaš proposed several short- and long-term measures that he believes would strengthen the rule of law and civil society in Slovakia.
András Lőke cited the reports of several influential NGOs to describe the current state of Hungarian democracy. While both Freedom House and Transparency International still give moderate scores to Hungary on the level of freedom and corruption, Hungary is trending downward on every indicator that were examined. Lőke argued that the most telling figures were found in the World Economic Forum’s Global Competitiveness Report, which ranked Hungary very poorly based on an assessment of the rule of law and the level of corruption. After identifying the challenges facing Hungary today, Lőke outlined a list of solutions to these problems that would ultimately enable civil society to reassert its role in maintaining transparency and accountability in governance, and generally increase the crucial engagement of civil society in public affairs.
Marek Tatała assessed the state of democracy in Poland, arguing that while the country remains a democracy, its current political leadership is weakening rather than strengthening its democratic development. Tatała observed that laws on the constitutional tribunal and on the organization of courts, and the rapid nature of the legislative process, have been harmful to the rule of law in Poland. He underlined the need for a higher level of engagement of the business community in public affairs, and a better quality of education that is more focused on civic engagement and economic literacy.
Following up on the three country case studies, Jan Surotchak presented the findings of a recent poll conducted as part of IRI’s Beacon Project. The findings revealed a number of disturbing trends in Central and Eastern Europe, including waning support for core transatlantic institutions; tensions over the nature of European identity; and a deep discontent with socioeconomic challenges in the region. Most importantly, the study confirmed that there is a strong correlation between socioeconomic disparities in these countries and their vulnerabilities to Russian influence.
Finally, Jonathan Katz emphasized the need to increase the United States’ bilateral and joint diplomatic engagement and development assistance efforts in the region to support continued democratic and economic transition. More specifically, Katz presented four core strategies that he argues are needed, which included the establishment of joint US-EU mechanisms to strengthen development cooperation and coordination in the entire OSCE region.
The panelists agreed that any external development assistance should primarily support the work of civil society in Central and Eastern Europe, with a special focus on communication campaigns. Particular emphasis should be given to the improvement of the education system with a focus on promoting discussions with students. Marek Tatała also argued that given the fairly strong ties of these countries’ leaders with the United States, a stronger voice from the current US Administration regarding negative developments in Slovakia, Hungary, and Poland would be also welcome and effective.
With regard to action from Congress, panelists argued that resources for development assistance could come in the form of a congressional authorization bill. Panelists also noted that to be effective, any external development fund that targets NGOs or the civil society must be monitored by donors to avoid corruption. Panelists observed that the Congress could play a particularly important role in providing oversight of such assistance programs and making sure that their spending follow very strict guidelines.

briefing

Muslims & Minorities in the Military

Wednesday, July 26, 2017

A demographic shift spanning both sides of the Atlantic has brought the issues of diversity and inclusion to the forefront of the agendas in the public and private sector, including the security sector across the OSCE region. The OSCE has had a focus on diverse populations, from Roma and Jewish populations to national minorities and migrants in Europe and the United States, since its inception. This focus has increased in recent years with the demographic shifts being experienced in the US and throughout Europe.
The U.S. Census Bureau predicts that racial and ethnic groups will comprise close to 60 percent of the U.S. population by 2060, and that by the next decade the majority of the U.S. workforce will be people of color – e.g., Asian, Latino, and migrant populations – which will also account for much of the U.S. population growth in years to come. In Europe, demographers predict that aging and waning birthrates will lead to a decline in workers.
Historically, racial, ethnic, religious, and gender minority groups have been under represented in the security sector, yet they hold untapped potential to address the new and complex challenges of the 21st century. Panelists suggested making the military more attractive to all individuals, including from these groups, and addressing barriers of prejudice and bias. Additionally, panelists recommended leadership in governments and the security sector embrace change efforts through words, actions and policies.
The expertise and experiences of the panelists were broad and included representation from various countries in Western Europe.‎ Rozemina Abbasi from the U.K. Ministry of Defense detailed research and outreach programs being carried out to achieve diversity targets set by military leadership as well as the Prime Minister in the United Kingdom. Dr. Elyamine Settoul, an academic at the French Ministry of Defense, spoke about the historical and present day contributions of muslims in the military, including assisting in the liberation of France during World War II. Dominik Wullers a procurement spokesman for the Federal Ministry of Defense, explained the struggle to change perceptions and stereotypes of German soldiers, and how he launched the Deutscher.Soldat (German Soldier) initiative to address these issues. Samira Rafaela, the Organizational Strategy Advisor for the Dutch National Police, detailed community policing and other initiatives in the Netherlands to advance diversity in the forces.
Helsinki Commissioner Representative Gwen Moore joined the panel and discussed the history of desegregation in the United States and patriotism in response to questions about the President's tweet stating transgender individuals would no longer be able to serve in the military. European panelists also responded to the question detailing diversity policies in their countries.
The briefing took place against the backdrop of Helsinki Commissioners Senator Ben Cardin, Ranking Member and OSCE Parliamentary Assembly Special Representative on Anti-Semitism, Racism, and Intolerance, and Representative Alcee Hastings speaking at the German Marshall Fund's conference, "Mission Critical: Inclusive Security: Inclusive Leadership for the Security Sector".
Addressing European and American security sector leaders and practitioners on the importance of diversity, Commissioner Cardin told of his work with Republican Senate Foreign Relations Chairman Bob Corker to include diversity provisions for the national security workforce in the State Department Authorization Bill before the Committee that day. Commissioner Hastings spoke of his efforts on the Rules committee to include diversity provisions in the Intelligence Bill being voted on the next day. Both Commissioners spoke at the first Mission Critical conference that took place in 2013. http://bit.ly/mcreport2017

press release

Helsinki Commission Announces Briefing on Muslims & Minorities in the Military in the OSCE Region

Monday, July 24, 2017

WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing:
MUSLIMS AND MINORITIES IN THE MILITARY
Changing Demographics in the OSCE Region and Implications for Europe’s Security Sector
Wednesday, July 26, 2017
11:00AM to 12:00PM
Dirksen Senate Office Building
Room 562
Live Webcast: www.facebook.com/HelsinkiCommission
Demographers predict that aging, shifting birth rates, and immigration will change the face of European and North American populations over the next few decades. For example, researchers predict that persons of Muslim origin will make up a quarter of the French and third of the German populations by 2050.
At the briefing, European security practitioners will discuss how demographic change is impacting the security workforce, and the subsequent implications for the OSCE region. Panelists will also highlight the ways in which recruitment, personnel, and other security workforce policies and practices are changing in light of Europe’s increasing ethnic and religious diversity.
Speakers include:
Dominik Wullers (Germany), Economist, Spokesman of the Federal Office for Federal Ministry of Defense Equipment, and Vice President of Deutscher.Soldat
Samira Rafaela (Netherlands), Organizational Strategy Advisor, Dutch National Police
Rozemina Abbasi (United Kingdom), Assistant Head, Armed Forces Targets, Ministry of Defense
Dr. Elyamine Settoul (France), Professor, Institute for Strategic Research at the Military College, French Ministry of Defense

publication

One Year Later: Seeking Justice for Pavel Sheremet

Thursday, July 20, 2017

When investigative journalist Pavel Sheremet died in a car explosion in central Kyiv on July 20, 2016, his assassination garnered global media attention. Upon learning the tragic news, then-OSCE Representative on Freedom of the Media Dunja Mijatović condemned the murder, saying, “This killing and its circumstances must be swiftly and thoroughly investigated, and the perpetrators brought to justice.”
However, one year later, virtually no progress has been made on his case. Furthermore, the escalating harassment and attacks against journalists in Ukraine, coupled with a culture of impunity for perpetrators, is worrisome for Ukraine’s democratic future. To ensure they meet the aspirations of the Ukrainian people, authorities in Kiev must reaffirm their commitment to freedom of the press by ensuring the perpetrators of Sheremet’s murder—and similar cases of killing, assault, and harassment—are brought to justice.
Download the full report to learn more.

WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing:
DEMOCRACY IN CENTRAL AND EASTERN EUROPE:
RENEWING THE PROMISE OF DEMOCRATIC TRANSITIONS
Wednesday, July 26, 2017
2:00 PM to 4:00 PM
Capitol Visitors Center
Room SVC-215
Live Webcast: www.facebook.com/HelsinkiCommission
In 1990, at a moment of historic transition, the countries of the Organization on Security and Cooperation in Europe adopted a watershed agreement recognizing the relationship between political pluralism and market economies. To advance both, they committed to fundamental principles regarding democracy, free elections, and the rule of law.
In recent years, however, concerns have emerged about the health of the democratic transition in Central and Eastern Europe, particularly in the face of ongoing governance challenges and persistent corruption.
At this briefing, speakers will examine the current state of democracy in Central and Eastern Europe and analyze efforts to address the region’s challenges. They will also discuss the declaration adopted on June 1 by civil society representatives, members of business communities, and others, which seeks to reinvigorate the region’s democratic trajectory, support democratic and economic reform, and strengthen the transatlantic partnership.
The following panelists are scheduled to speak:
Andrew Wilson, Managing Director, Center for International Private Enterprise
Peter Golias, Director, Institute for Economic and Social Reforms, Slovakia
Andras Loke, Chair, Transparency International, Hungary
Marek Tatala, Vice-President, Civil Development Forum, Poland
Additional comments will be provided by:
Jan Surotchak, Regional Director for Europe, International Republican Institute
Jonathan Katz, Senior Resident Fellow, German Marshall Fund

briefing

Energy (In)Security in Russia’s Periphery

Thursday, July 13, 2017

On July 13, 2017, the U.S. Helsinki Commission held a briefing on “Energy (In)security in Russia’s Periphery.” Energy security is an important topic that belongs to the OSCE’s Second Dimension. This briefing addressed energy security challenges in Eastern Europe and the Caucasus, in particular in Ukraine, Moldova and Georgia.
Panelists included Peter Doran, Executive Vice President and Interim Director at the Center for European Policy Analysis (CEPA); Edward Chow, Senior Fellow at the Energy and National Security Program of the Center for Strategic and International Studies (CSIS); Andrian Prokip, Senior Associate at the Kennan Institute of the Woodrow Wilson Center and Energy Expert at the Institute for Social and Economic Research; Lyndon Allin, Associate at Baker McKenzie; and Dr. Mamuka Tsereteli, Senior Fellow at the Central Asia-Caucasus Institute. The panelists provided a background on energy security both generally and in the regional context of the post-Soviet space, as well as in the specific case studies of Ukraine, Moldova and Georgia.
Mr. Doran stated that the energy security situation in Europe, and also in Russia’s immediate neighborhood, has fundamentally changed as a result of the end of energy scarcity in the world and the construction of new energy infrastructure in Central and Eastern Europe in a positive way. However, the bad news is that Russia is not willing to accept this game-changing market shift and is fighting back.
For instance, the panelists agreed on the key role that Azerbaijan could play for the supply of energy not only in the post-Soviet space, but also in other European countries. They noted, however, in order for world-class projects, like the ones operating or being planned in Azerbaijan, to become a reality, the achievement of market integration is critical.
Unfortunately, market integration in Southeastern Europe is exactly what Russia has been trying to prevent with the tool of energy corruption, which it uses to keep its neighboring countries dependent on it for energy supplies, and to obtain kompromat on various political leaders in the region. Mr. Doran specifically cited the case of the Nord Stream 2 pipeline project, which he argued is a political and not a commercial project for Russia to gain more influence over European, and in particular Ukrainian, energy security.
When it comes to ways of approaching energy security, panelists agreed that it must be achieved not by top-down but rather with bottom-up solutions, citing the specific example of Ukraine, which could easily become self-sufficient if it implemented crucial reforms that hinder much-needed private investment in its energy sector.
In particular, Mr. Chow observed that, while external challenges must be confronted and overcome, the implementation of crucial structural reforms in the energy sectors of post-Soviet countries is critical to meet the challenge that Russia poses. For example, he regards corruption in the energy sector in Ukraine as the key reason for the nation’s energy insecurity.
The panelists agreed that U.S. political leaders should be careful about making promises to politicians in the region, for example the oft-cited promise that U.S. LNG exports will be able to substitute for Russian gas and solve the energy security problems of the region. Instead, as the panelists pointed out, the emphasis should be put on supporting the energy market development of countries in the post-Soviet space.
Mr. Prokip stressed that the recently proposed reforms in Ukraine must go forward. In particular, progress must be made in implementation, which he argued could only happen if the West is willing to exert more pressure on the Ukrainian authorities, while continuing to provide advice and assistance. In both Chow’s and Prokip’s view, U.S. energy exports cannot serve as a substitute for structural economic reforms in Ukraine.
Following a similar line of argument, Mr. Allin pointed out that, in the case of Moldova, it is the Moldovans who need to make more effort to solve their own problems, rather than looking only to foreign partners for external solutions.
Finally, Dr. Tsereteli reminded the audience that structural reforms and the openness to trade and investment that accompanies them can lead to post-Soviet countries’ integration in the global economic system, as was the case in Georgia, which managed to improve its energy security significantly this way.

WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing:
ENERGY (IN)SECURITY IN RUSSIA’S PERIPHERY
July 13, 2017
3:30 PM – 5:00 PM
Dirksen Senate Office Building
Room G11
Under Vladimir Putin, Russia has used its neighbors’ dependence on its energy supplies as a source of geopolitical leverage and sought to keep their energy sectors underdeveloped and corrupt. Ukraine has recently managed to implement crucial reforms in its energy sector, but challenges remain. Meanwhile, initiatives for similar reforms in Moldova have stalled, while Georgia has successfully reformed its energy sector and developed new infrastructure. Why are these outcomes so different and what more can be done to achieve energy security in post-Soviet Eastern Europe?
This briefing will provide a general overview of energy security in Ukraine, Moldova, and Georgia, and examine challenges and opportunities in the energy sectors of these states. Briefers will discuss the role that corruption plays in preventing the implementation of effective reforms as well as strategies to curb Russian influence.
The following experts are scheduled to participate:
Peter Doran, Executive Vice President and Interim Director, Center for European Policy Analysis (CEPA)
Edward Chow, Senior Fellow, Energy and National Security Program, Center for Strategic and International Studies (CSIS)
Andrian Prokip, Senior Associate, Kennan Institute; Energy Expert, Institute for Social and Economic Research
Lyndon Allin, Associate, Baker McKenzie
Mamuka Tsereteli, Senior Fellow, Central Asia-Caucasus Institute

publication

Transatlantic Inclusion Leaders Network 2017 Workshop Report

Friday, June 30, 2017

The Transatlantic Inclusion Leaders Network (TILN) advances leaders who are global in outlook, representative, culturally competent, and inclusive. TILN is the premier venue for young, diverse U.S. and European elected and civil society leaders to meet, enhance their inclusive leadership portfolio, and engage senior policymakers. Now entering its sixth year housed within the German Marshall Fund in cooperation with the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission), TILN has been honored to be supported through partnerships with the U.S. Department of State, Balkan Trust for Democracy, Open Society Foundations, Meridiam, IMPACT, ONCE Foundation, Operation Black Vote, Unitas Communications, New American Leaders Project and the World Jewish Congress.
At the center of the initiative is an annual leadership workshop for young diverse leaders from Europe and the United States. TILN workshops have created an empowered and highly upwardly mobile network that
bridges the Atlantic and strengthens transatlantic relations for the future. TILN alumni utilize their experiences to reach new heights from mounting campaigns for the European and national Parliaments to
becoming Members of the U.S. Congress, Ministers, and regionally and locally elected officials. Alumni include U.S. Congressman Ruben Gallego, Swedish Parliamentarian Said Abdu, UN Expert on Minority Issues Rita Iszak, and other Parliamentarians, Ministers, Mayors, City Councilpersons, regional and local leaders.
Download the full report to learn more about the 2017 Annual Workshop.

article

#MovetheCouch: Transatlantic Leaders Convene in Brussels

Friday, June 30, 2017

By Dr. Mischa Thompson,
Policy Advisor
“If we cannot be entrusted as leaders to do the small things, why should the public trust us to do the big ones, including governing international relations?”
–Svante Myrick
Mayor of Ithaca, New York
TILN 2016
From March 20-26, 2017, the U.S. Helsinki Commission, in partnership with the German Marshall Fund of the United States (GMF), the U.S. State Department, and other stakeholders, hosted the sixth annual Transatlantic Inclusion Leaders Network (TILN) workshop in Brussels, Belgium.
Twenty-five young leaders representing more than fourteen European countries and the United States came together to learn from one another, expand their leadership skills, and offer a more inclusive vision for the world.
As participants in the Brussels Forum Young Professionals Summit, TILN participants engaged with senior U.S. and European public and private sector leaders on the most pressing issues impacting the transatlantic relationship today, ranging from U.S. elections and the international workforce to Russia and counterterrorism.
Several TILN participants also visited a high school in Brussels, exploring opportunities for international exchange and collaboration between administrators, educators, and students related to the educational needs of increasingly diverse student bodies and the future workforce on both sides of the Atlantic.
Ithaca Mayor Svante Myrick closed Brussels Forum with powerful cautionary comments to all leaders.
“While here in Brussels thinking about global problems, I received an email from a constituent who has been annoyed by an abandoned couch for days. It might seem like a small issue, but I'm going to make sure I move that couch,” he stated. “I had to move it because, if we cannot be entrusted as leaders to do the small things, why should the public trust us to do the big ones, including governing international relations?”
Sharing the vision for a more inclusive world, in the week following the workshop, TILN alumni from previous years led GMF-funded alumni leadership action projects in the Netherlands, Finland, Italy, and during the European Union’s Roma Week. For more information on this year's Brussels workshop, please see the Transatlantic Inclusion Leaders Network 2017 Workshop Report.
The Transatlantic Inclusion Leaders Network (TILN) “inspires, informs, and connects diverse young leaders to excel in elected office and other leadership roles, advance inclusive policies, and engage with senior transatlantic policymakers.” Participants are from diverse U.S. and European communities, including the Balkans, with a proven commitment to advancing diversity and inclusion best practices in their policymaking and society.
For more information on TILN, please see the Transatlantic Inclusion Leaders Network 2017 Workshop Report.
TILN 2016 Participants
Umut Aydin | France | Analyst, Meridiam
Delio Diaz Garcia | Spain | Secretary General, Juventudes de Unidad Progresista
Nebojša Dobrijević | Croatia | Independent Advisor, Joint Council of Municipalities
Judith Garcia | United States | City Councillor, Chelsea, Massachusetts
Diana Horvat | Serbia | Editor, Radio Televison of Vojvodina
Maryam Jamshid | Belgium | Social Council Elected Member, City of Hasselt, Flanders
Paulette Jordan | United States | State Representative, Idaho
Natascha Kabir | Germany | Green Party Faction Leader, City Parliament of Offenbach
Aroosa Khan | Netherlands | Board Member, PvdA Party, Amsterdam-East
Edin Koljenović | Montenegro | Program Coordinator, Civic Alliance
Oleksii Krasnoshchokov | Ukraine | Board President, Pidmoga.info
Hayatte Maazouza | France | Municipal Council Member, Trappes
Sammy Mahdi | Belgium | President, Work Group on Diversity, Youth, CD&V Party
Martin Mata | Czech Republic | City Council Member, Usti nad Labem
Svante L. Myrick | United States | Mayor, City of Ithaca, New York
Frances O'Donovan | Denmark | City Council Member, Fredericia
Anna Poisner | Ukraine | Counsel, Dragon Capital
Aida Salketić | Bosnia and Herzegovina | Cultural Heritage Professional
Athena Salman | United States | State Representative, Arizona
Brandon Scott | United States | City Council Member, Baltimore, Maryland
Karen Taylor | Germany | Advisor to of Member of Parliament Dr. Karamba Diaby
David Walsh | United Kingdom | International Relations Officer, Board of Deputies of British Jews
John Vargas | United States | Secretary, NALEO
Alex Yip | United Kingdom | City Councillor for Sutton New Hall, Birmingham City

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2017 Trafficking in Persons Report – the OSCE Region

Tuesday, June 27, 2017

Human trafficking remains a pressing human rights violation around the world with the International Labor Organization estimating that nearly 21 million people are enslaved at any given time, most of them women and children.
As part of U.S. efforts to combat human trafficking, the U.S. Department of State today released the 2017 Trafficking in Persons Report (TIP Report), reflecting the efforts of 187 countries and territories to prosecute traffickers, prevent trafficking, and to identify and assist victims, as described by the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children.
Trafficking Victim Identification and Care: Regional Perspectives
According to the new TIP Report, in the 2016 reporting year, countries in the OSCE region identified 304 more trafficking victims than in the previous year, for a total of 11,416 victims. This increase is particularly notable when compared to the East Asia and Pacific, Near East, South and Central Asia, and Western Hemisphere regions, where victim identification declined, but still maintained a generally upward trend over 2014.
Trafficking victim identification and care is critical for proper management of refugee and migrant flows. In order to help law enforcement and border guards identify trafficking victims among the nearly 400,000 migrants and refugees entering the region last year, the OSCE Office to Monitor and Combat Trafficking in Human Beings launched a new project to conduct multiple trainings, including simulation exercises, through 2018. The first training in November 2016 included participants from 30 OSCE participating States.
Victim identification and care are also critical for successful prosecutions. Nearly every region of the world saw a drop in prosecutions of human traffickers, but an increase in convictions in the 2016 reporting year. This trend may reflect a growing knowledge among prosecutors of how to successfully investigate and prosecute a trafficking case. It also may reflect an overall increase in trafficking victims who have been identified, permitted to remain in-country, and cared for such that the victims—now survivors—are ready, willing, and able to testify against their traffickers. Despite the dramatic decline in prosecutions (46 percent) in the OSCE region, convictions held steady at nearly the same numbers as the previous year.
Individual Country Narratives
Along with regional statistics, the TIP Report also provides individual country narratives, recommendations for the most urgent changes needed to eliminate human trafficking, and an assessment of whether the country is making significant efforts to meet the minimum standards for the elimination of human trafficking.
Tier 1 countries meet the minimum standards for the elimination of human trafficking. Tier 2 countries do not yet meet the standards, but are making significant efforts to do so. Tier 2 Watch List countries do not meet the minimum standards and are making significant efforts to do so, but have a very large or increasing number of trafficking victims, have failed to demonstrate increasing efforts over the previous year, or lack a solid plan to take additional steps in the coming year. Tier 3 countries do not meet the minimum standards and are not making significant efforts to do so.
Twenty-five OSCE participating States qualified for Tier 1 in the TIP Report. Nineteen participating States qualified for Tier 2, including Ukraine, which was upgraded this year after four years on the Tier 2 Watch List. Five participating States were designated for the Tier 2 Watch List, including Hungary, Moldova, Montenegro, Serbia, and Bulgaria.*
Four participating States were on Tier 3, including Belarus, Russia, Turkmenistan, and Uzbekistan. States on Tier 3 may be subject to sanctions.
Legislation authored by Helsinki Commission Co-Chairman Rep. Chris Smith—who also serves as the Special Representative for Human Trafficking Issues to the Organization for Security and Cooperation in Europe Parliamentary Assembly – requires the TIP Report to be produced every year. In recent years the report has also included an assessment of the United States.
Since the inception of the report, more than 100 countries have written or amended their trafficking laws, with some nations openly crediting the report for inspiring progress in their countries’ fight against human trafficking.
* OSCE participating States Andorra, Monaco, Lichtenstein, and San Marino are not included in the TIP Report.

When the U.S. funding bill commonly known as the Omnibus passed in May 2017, it included a number of provisions outlining U.S. foreign policy and national security measures. It also included provisions supporting diversity and human rights in foreign affairs in the face of increased violence and discrimination across the 57 North American and European countries that make up the Organization for Security and Cooperation in Europe.
“Continuing anti-migrant and refugee sentiments, anti-Muslim backlash following terrorist attacks, and a surge in anti-Semitic and racist incidents in this country and abroad are just some of the reasons I was compelled to act,” said Helsinki Commission Ranking Senator Ben Cardin (MD), who is also the OSCE Parliamentary Assembly’s first Special Representative on Anti-Semitism, Racism, and Intolerance.
“These legislative provisions are just a few recent efforts I have advanced to ensure diverse populations in our country and throughout the OSCE region are afforded the same rights, protections, and opportunities as others that are enshrined in the Helsinki Final Act and numerous OSCE tolerance and non-discrimination commitments,” said Senator Cardin, whose U.S. spending bill provisions include:
Increased funding to counter global anti-Semitism.
U.S. support for the Organization for Security and Cooperation in Europe (OSCE) to advance new initiatives to counter anti-Semitism, racism, and intolerance.
Expansion of the Department of State workforce diversity programs.
Prior to the passage of the Omnibus, on April 25 Senator Cardin introduced the National Security Diversity and Inclusion Workforce Act (NSDIWA) of 2017, building on legislation he passed in December 2016 to diversify the State Department and USAID labor force.
“I have championed these equality and anti-discrimination provisions because America’s diversity is one of our greatest assets as a nation, and our government should reflect that reality,” said Senator Cardin.
“When America leads with our values on display, whether we are promoting human rights abroad or helping resolve conflicts to help societies heal and move forward, including our own, it should be done with personnel who reflect the entire tapestry of the United States,” Senator Cardin continued. “Inequities and discrimination are not just a U.S. problem. The hope is that this legislation can also serve as a model for other countries grappling with similar issues from hate crimes to inequality.”
Senator Cardin was appointed the OSCE PA's Special Representative on Anti-Semitism, Racism and Intolerance in March 2015. More on his mandate and efforts can be found at http://www.oscepa.org/about-osce-pa/special-representatives/anti-semitism.

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World Press Freedom Day 2017

Wednesday, May 03, 2017

By Jordan Warlick,
Staff Associate
Although freedom of the press is recognized by democracies around the world as an essential and basic human right, emerging reports show that it is globally in decline, even in countries considered strong democracies. The recently published Freedom House 2017 Freedom of the Press Report and Reporters Without Borders’ 2017 World Press Freedom Index both indicate grim trends – Freedom House declares press freedom at its lowest point in 13 years, and Reporters Without Borders describes the “ever darker world map” it has published this year.
The OSCE region is not uniform when it comes to freedom of the press. OSCE participating States include some of the freest nations in the world, like Norway and the Netherlands, alongside some of the least free nations, like Azerbaijan and Turkey. The worst-performing region in the aforementioned Freedom House report is Eurasia, while the best-performing is Europe, both of which are largely encompassed in the OSCE region. The central problems of media freedom are also varied between countries, from violence, intimidation, and incarceration of journalists; to emerging contempt for the media among politicians; to media outlet ownership and transparency issues. While some countries require more attention and monitoring than others, any conditions that impede on press freedom or that are considered harmful for journalists deserve attention.
The OSCE Representative on Freedom of the Media was an office created in 1997 to do just that: monitor and assist participating States with compliance commitments on freedom of expression and free media. The most recent OSCE Representative on Freedom of the Media, Dunja Mijatović, was a fierce advocate for the rights of journalists across the OSCE. The OSCE participating States currently are in the process of selecting her successor, an appointment that requires consensus among the 57 OSCE participating States. This office’s function as a watchdog for violations and deteriorating conditions for media has been critical to bringing attention to issues and cases that may otherwise go unnoticed. Still, undemocratic regimes, changing political tides in the region, and the evolving landscape of journalism present ongoing challenges.
Over the last week alone, the Helsinki Commission has held three different events where media freedom has been an important topic of discussion: a hearing on human rights abuses in Russia; a briefing on Russian human rights violations of Ukrainian citizens; and a briefing on human rights in Turkey after its referendum on changes to the constitution. At the hearing on human rights in Russia, each witness brought attention to the Kremlin’s control of the media and persecution of independent journalists. The briefing on Russian human rights violations against Ukrainian citizens focused on the incarceration of filmmaker Oleg Sentsov, but highlighted other cases of imprisoned journalists such as Roman Sushchenko of Ukrinform News and Mykola Semena, a contributor to Radio Free Europe. On Turkey, Freedom House panelist Nate Schenkkan described the severe restrictions on access to information and underscored Turkey’s status as the number one jailer of journalists in the world.
If there is any hope for the future of press freedom in these countries where media is especially unfree, it is in the passion and talent of journalists who are committed to holding their governments accountable despite the risks. It is vital that the United States continue to be an exemplar of and advocate for freedom of the press, enshrined by our founders in the First Amendment in recognition of its importance for democracy, for other countries around the world.

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Political Prisoners in Russia

Tuesday, May 02, 2017

Principle VII of the 1975 Helsinki Final Act recognizes the right of individuals to know and act upon their human rights and fundamental freedoms, including freedom of thought, conscience, religion or belief, without distinction as to race, sex, language or religion.
The following individuals who were profiled in the Helsinki Commission's April 2017 hearing, "Democracy & Human Rights Abuses in Russia: No End in Sight," illustrate the many cases of political prisoners in Russia today.
Dmitry Buchenkov – Buchenkov was charged under Article 212 of the Russian criminal code (“participation in mass riots”) and Article 318 (“use of force against a representative of the authority”) for his participation in the 2012 Bolotnaya Square protests against fraud in the 2011 presidential elections. He was arrested in December 2015 and is currently under house arrest. He is recognized by Memorial as a political prisoner not only because the alleged offense did not take place, but also due to the lack of a fair trial and the disproportionate use of pretrial detention in light of the charge against him. His case illustrates the prosecution of individuals for engaging in nonviolent public protest against the government in general and the Bolotnaya Square cases in particular.
Oleg Navalny – Navalny was charged under Article 159 (“swindling on a large scale”), article 159.4 (“swindling on a particularly large scale in the entrepreneurial sphere”), and article 174.1.a (laundering of funds on a large scale acquired by a person through a crime committed by him”). He was sentenced to 3 ½ years in a closed proceeding, Memorial considers him a political prisoner because the alleged offense did not take place and he was not given a fair trial. In reality, Oleg Navalny was targeted because he is the brother of prominent political activist Alexei Navalny. It appears the authorities are unwilling to make a martyr out of Alexei Navalny but seek to exert pressure on him by persecuting his brother. Oleg Navalny’s case illustrates the willingness of the government to target family members as a means of exerting pressure on political activists, which is specifically prohibited under the OSCE 1989 Vienna Concluding Document.
Darya Polyudova – Polyudova was charged under article 280 of the Russian criminal code (“public appeals for extremist activity” and “public appeals for actions aimed at a violation of the territorial integrity of the Russian Federation”) in connection with her participation in preparation for a march that did not take place. In reality, she was indicted for criticizing Moscow online for its support of Russia-backed separatists in Ukraine's east. She is recognized as a political prisoner because the offense did not take place, her right to a fair trial was violated, and the government disproportionately used pretrial detention given the nature of the charges. She was sentenced to two years in prison, becoming the first person in Russia convicted under a 2014 law criminalizing calls for separatism on the Internet. Her case illustrates the government’s prosecution of Russian nationals who criticize Russia’s actions and policies in Ukraine.
Sergei Udaltsov – Udaltsov was charged under Article 30 of the Russian criminal code (“preparation of actions aimed at organizing mass riots”) and Article 212 (“organization of mass riots”) after participating in the Bolotnaya Square protests. He has been arrested multiple times before for protesting against the government. Memorial recognizes him as a political prisoner on the grounds that he was charged with an offense that did not take place; his right to a fair trial was violated; and the government disproportionately used pretrial detention. He was sentenced to four years and six months in prison.
Ivan Nepomniashchikh – Nepomniashchikh was charged with Article 212 of the Russian criminal code (“participation in mass riots”) and Article 318 (“use of force against a representative of the authority”). He is recognized as a political prisoner on the grounds that he is being prosecuted for exercising his right to freedom of assembly; he is being charged with an offense that did not take place; he was not allowed a fair trial; and the government disproportionately used pretrial detention. He is another example of those being prosecuted for participating in the Bolotnaya Square protests against the 2011 fraud in the presidential election.
Alexei Pichugin – Pichugin was charged under Article 162 of the Russian criminal code (“robbery”) and Article 105 (“murder”). At a closed trial, Pichugin, the former head of internal economic security for the Yukos Company then headed by Mikhail Khodorkovsky, was sentenced to life imprisonment in a special-regime penal colony. He has been in prison since 2003 and is recognized as a political prisoner on the grounds that his prosecution was conducted without a fair trial. The European Court on Human Rights also has held that Pichugin was denied a fair trial.
Oleg Sentsov – Senstov is a Ukrainian filmmaker imprisoned in Russia since 2015, and was the focus of a separate Helsinki Commission briefing.
Sentsov was arrested in the Russian-occupied Crimean territory of Ukraine and charged under Article 205.4 of the Russian criminal code (“organization of a terrorist group”), Article 205 (“terrorist act committed by an organized group”), Article 30 in connection with Article 205 (“preparation of a terrorist act”), Article 30 in connection with Article 222 (“attempted illegal acquisition of firearms and explosive devices”), and Article 222 (“illegal acquisition and storage of far arms and explosive devices”). He was accused of planning an attack on a monument to Lenin, a charge he denies. He was sentenced in a Russian military court to 20 years in a strict regime penal colony for terrorism.
Other Illustrative Cases
Alexander Kolchenko – Kolchenko, a Crimean activist, was charged under article 205 of Russia’s criminal code (art. 205.4 part 2: "Participation in a terrorist organization," and art. 205, paragraph "a," part 2: "A terrorist act conducted by a terrorist group"). He refuted the accusations of terrorism.
Mr. Kolchenko was detained in May 2014, in Simferopol, Crimea, shortly after Russia took control over the peninsula. On August 25, 2016, the North Caucasus District Military Court of Russia sentenced Mr. Kolchenko to 10 years of imprisonment in a strict-regime colony.
He is serving his sentence in the Chelyabinsk Oblast, in the city of Kopeysk, a facility notorious for its poor treatment of convicts. Mr. Kolchenko is recognized as a political prisoner by Russia’s Memorial watchdog group.
Mykola Semena (under a travel ban) – Semena, a Crimean journalist, has been charged under Article 280.1 of Russia’s criminal code, which penalizes "public calls for actions violating the territorial integrity of the Russian Federation." The law was added to the Russian criminal code in December 2013, and came into force in May 2014 - several weeks after Crimea was annexed by Russia. Semena was one of the only independent journalists to remain on the peninsula following Russia’s March 2014 annexation of Crimea. He contributed reporting to RFE/RL’s Ukrainian Service and its Crimea Desk. On April 19, 2016, after Russian police searched Semena’s home and confiscated computers and storage media, the de facto Crimean prosecutor-general ordered Semena to remain on the peninsula while he was investigated for alleged “calls to undermine Russia’s territorial integrity via the mass media.” Semena has been forced to stay in Crimea ever since, despite his requests to travel to Kyiv for urgently needed medical care.
Roman Sushchenko (in pre-trial detention) – Sushchenko, a Ukrainian journalist, is charged under article 276 of Russia’s criminal code (espionage). He has worked as a Paris-based correspondent for Ukraine’s state news agency, Ukrinform, since 2010.
He was detained at a Moscow airport on September 30, 2016, upon his arrival from Paris on private business. He was accused of collecting classified information on the activities of Russia’s armed forces and the National Guard. Mr. Sushchenko denies any involvement in espionage. His employer, Ukrinform, also considers the accusations false and called his detention a “planned provocation.”
Mr. Sushchenko’s attorney is Mark Feygin, who previously represented Pussy Riot and Nadezhda Savchenko.
Memorial, a Russian organization established to report on the crimes of Stalinism, documents cases of political prisoners as well as cases of those persecuted for their faith.This information was compiled by Helsinki Commission staff from Memorial, the U.S. Department of State Country Report on Human Rights Practices, and news sources. The U.S. Commission on International Religious Freedom also tracks cases of individuals imprisoned in connection with their faith.

in the news

How the State of Russian Media Becomes the State of International Media

Friday, April 28, 2017

It was a bad week for reports on freedom of the media in Russia.
On Wednesday, Reporters Without Borders released its 2017 world press freedom index. Russia came in at 148, after such bastions of independent media as South Sudan and Thailand.
On Thursday, a Ukrainian human rights delegation briefed the Helsinki Commission on the case of Oleg Sentsov — a Ukrainian filmmaker imprisoned in a Siberian penal colony for his opposition to the annexation of Crimea — and abuses of Ukrainian journalists and creative professionals more broadly.
On Friday, Freedom House unveiled its Freedom of the Press 2017 report. That report gives Russia partial credit for the world’s 13-year low in press freedom. “Vladimir Putin’s regime in Russia has been a trailblazer in globalizing state propaganda. It continues to leverage pro-Kremlin reporting around the world,” the report states.
The three taken in tandem tell a story — one in which violence against journalists in Russia and the region is connected to violence against journalism around the world.
Consider the case of Oleg Sentsov.
In 2015, Sentsov was sentenced to 20 years in prison for planning terrorist attacks in Crimea. In his trial, he said he had been tortured. The international human rights community believes this to have been payback for the filmmaker’s outspoken stance against the annexation of Crimea (it is also worth noting that Russia treated Sentsov, a Ukrainian, as though he were a Russian citizen; after the annexation of Crimea, Russia considered all who did not explicitly apply for Ukrainian citizenship to be Russian, to which Sentsov objected in court by saying, “I am not a serf to be transferred with the land”). Russian-backed media reported it as a terrorism case.
And so the case contains both the physical threat that looms over journalists and creative types who fail to parrot the party line and also the threat that Russian state-backed media can pose to understanding in the wider world.
“Many people perceive [Russian state-backed media] not as propaganda, but as an alternative point of view,” Natalya Kaplan, Sentsov’s cousin, told Foreign Policy in an interview before heading to the Helsinki Commission briefing. “They tend to trust what Russian propaganda says.”
In the case of Sentsov, that means some outside of Russia (to say nothing of those in it) thought he was neither filmmaker nor terrorist, but some combination of the two. Americans can no longer tell the difference between actual fake news and fake fake news, Ukrainian PEN member Halya Coynash told FP.
“The thing is that you really think the media and information you get from Russian media, it is media. Which is wrong. We have state media, and state media are part of [the] strategy of [the state],” said Mustafa Nayyem, journalist turned Ukrainian member of parliament.
Alternative facts are not facts, and false equivalences are not equivalent. But consumers of Russian state-backed media around the globe can be duped into treating them as such, Nayyem said. He argued Russia presents reality and a bold-faced lie as though they are but two different perspectives, the truth of which lies somewhere in the middle, for viewers to decide for themselves.
“We know that [Sentsov] never was involved in some attacks, or in some revolution, in terroristic things. He’s a filmmaker, and his movies are recognized internationally. The lie is that this guy was a terrorist, and no one even tried to understand the basis of this [accusation] … There is guy: a filmmaker, and a terrorist. What is true? They think that maybe he’s some filmmaker-terrorist. It’s insane.” Nayyem ardently believes those who want to protect freedom of media and speech need to build up conventions regulating what are accepted as media outlets and news.
But there’s a thin line between banning propaganda and furthering censorship and repression. Russia’s independent Dozhd (TV Rain), for example, was recently banned in Ukraine for reporting that Crimea is part of Russia.
“Recent democratic gains have bolstered media freedom overall,” the Freedom House report states, “but restrictions on Russian outlets and attempts to foster ‘patriotic’ reporting raise questions about the government’s commitment to media autonomy.”
And besides, even Ukrainians, more prepared for Russian media influence than their western counterparts, are not entirely immune. “The Russian media are much better funded” than their Ukrainian counterparts, Kaplan said, and it takes time and resources to counter reports put out by the Russian state-backed media machine. “Even my Ukrainian friends who live in Kiev, after watching two hours of Russian TV, start to question themselves. ‘Am I a fascist?’”
Kaplan does not, at present, see much reason for optimism. While it was a bad week for reports on the state of Russian media, it was inevitably a much worse week for those trying to correct or improve it.
“Journalism in Russia is dead. It happened quite a while ago,” Kaplan said. “There are small islands of freedom of speech in Russia,” she said, but they aren’t on TV, and they aren’t available to those who don’t know how to access certain sites. Besides, she said, the sophisticated propaganda machine will figure out how to move onto the internet, too. “Russian journalists face the biggest challenge. Their job is simply to survive.” Hanging in the air is the idea that, at present, surviving is actually journalism’s job, too.

On April 27, the U.S. Helsinki Commission held a briefing focusing on human rights violations against Ukrainian citizens. In particular, this hearing was used as a platform to raise awareness for Oleg Sentsov, a political prisoner being held in Siberia. Sentsov was honored by PEN America this year with their 2017 Freedom to Write award for his work exposing Russian human rights violations.
Panelist included Natalya Kaplan, cousin of Oleg Sentsov and campaigner for his freedom, and journalist in Kiev; Mustafa Nayyem, Member of Ukrainian Parliament and former journalist and early organizer of the 2013 Euromaidan protests; and Halya Coynash, spokesperson for Kharkiv Human Rights Protection Group. The panelists provided much context and background detailing Sentsov and others’ cases. Natalya Kaplan spoke to the audience about the terrible conditions her cousin faces in Siberia, including torture, while Mustafa Nayyem spoke about the need to pressure Russia publically to end these human rights abuses. Halya Coynash reminded the audience of the severity of this case by highlighting that Sentsov was the first Ukrainian to be so brazenly imprisoned after the Russian occupation of Crimea; in her eyes, this was the first time the full force of Russian government had been used to fabricate charges and host a show trial against a Ukrainian.
The panelists agreed that the media freedom situation in Russian-occupied territory is dire and only growing worse. Of greatest concern was the length to which Russia is willing to go in their efforts to arrest and prosecute journalists. Russia also sets a dangerous precedent with its recent attempts to foist Russian citizenship onto Ukrainians in Crimea, in efforts to undermine international court rulings and give legitimacy to its actions. When it comes to monitoring the human rights situation in Ukraine, the panelists expressed concerns with the lack of access to political prisoners and the inability to target individual Russians involved in creating the sham trials. The panelists believed that the ability to target individuals involved in these trials would be extremely helpful in de-escalating the situation, and they made many references to the Magnitsky Human Rights Accountability Act. Overwhelmingly, the response to these issues was a desire to work with Congress to strengthen and update the Magnistky Act, as well as broaden civil society and NGO engagment. Mustafa Nayyem expressed hope that NGOs, such as PEN America, would play a more pivotal role in helping prevent future repression.
News articles following the briefing expressed hope that there would be work within Congress to better address issues involving Ukrainian political prisoners.